THE Altar of Damascus OR THE PATERN OF THE ENGLISH HIERARCHIE AND CHVRCH-Policie obtruded upon the Church of SCOTLAND 2. KING 16. 10. 11. And King Ahaz went to Damascus to meet Tiglath Pileser King of Assyria and saw an Altar that was at Damascus and King Ahaz sent to Vrijah the Priest the fashion of the altar and the patern of it according to all the workmanship thereof And Vrijah the Priest built an altar according to all that King Ahaz had sent from Damascus so Vrijah the Priest made it against King Ahaz came from Damascus Anno 1621. TO THE READER I Have drawen this paterne of the English Altar obtruded upon us out of their owne Tables of the Hierarchy and Church policie Muckets book their Canons and Constitutions Ecclesiasticall the statutes of the Realme the admonitions petitions assertions treatises answers and replies of those who sue for reformation the confessions of their opposites in their own defences I have followed the order of the Tables translated out of Latine and printed with a letter different from the rest I intended not a full refutation for I thought to discover it onely was to refute it sufficiently to any man of sound judgement saving that sometime there iâ— a light touch or poynting at any corruption where I suspected the simpler sort mighâ— be miscaried CHAP. 1. Of the Kings Supremacie IN the Ecclesiasticall policie of England generally are to be coÌ„sidered 1 Persons 2 possessions 3 constitutions concerning both Persons to bee considered are either such as haue some kinde of administration or such as have none at all The persoÌ„s that have some kind of administratioÌ„ have it either as supreme or not so ample The supreme or more absolute administration which is called the Kings supremacie is to be considered 1 generally 2 particularly Generally by which authority the Prince as supreme governor under God can set down in all Ecclesiasticall causes within his dominions whatsoever is not repugnant to the word of God By causes Ecclesiastical are meant not onely matrimoniall and testamentary causes and others abusively called Ecclesiasticall but also these which are in a proper sence Ecclesiastical subject to Ecclesiastical cognition and jurisdiction By the title of Supreme Governour is understood the same power which before was expressed by the title of Head of tâ—e Church of England in the dayes of K. Henrie the 8. and Edward the 6. For howsoever for removing of offence taken at the metaphorical title of Head it was changed in more proper termes of supreme governour under the reigne of Queene Elizabeth yet the sense remaineth still In the first yeare of her reigne it was enacted and ordained That such jurisdictions privileges superiorities and preeminences spirituall or Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore been or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities shall for ever be united and annexed to the Imperiall crowne of this Realme And that the Queens highnes her heirs and successors shall have full power authority by vertue of this act by letters patents under the great seale of England to assigne name and authorize when and as often as her highnes her heirs and successors shall think meet and conveâ—ient and for such and so long time as shall please her highnesse her heirs and successors such persons being naturall born subjects as her Majestie her heirs and successors shall think meet to exercise use occupie and execute under her highnes her heirs and sâ—ccessors all manner of Iurisdictions priviledges and preeminances in any wise touching or concerning any spirituall or Ecclesiacticall iurisdiction within the Reaâ—â—es of England or Ireland or any other her highnes â—â—minions or countries and to visit reforme redresse order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner of spirituall or Ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered corrected restrained or amended And for the better observation of this act it was further enacted that every Ecclesiasticall person officer and minister all and every temporall judge Iustice Maior and other lay or temporal officer and minister and every other person having her highnes fee or wages within the Realm of England or any of her highnes dominions shall make take receive a corporall oath upon the Evangelist before such person or persons as shall please her highnes her heirs or successors under the great seale of England to assigne and name to accept and take the same according to the renor and effect hereafter following I A. B. doe utterly testifie and declare in my conscience that the Queens highnes is the onely supreme governour of this Realme and of all other her highnes dominions and countries as well in all spirituall or Ecclesiastical things or causes as temporall and that no forreigne Prince person prelate state or Potentate hath or ought to have any iurisdiction power superiority preeminence or authoritie Ecclesiasticall or spirituall within this Realme and therefore I doe utterly renounce forsake all forraigne iurisdictions powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegeance to the Queenes highnes her heirs and lawfull successors and to my power shall assist and defend all iurisdictions privileges preeminences and authorities granted or belonging to the Queenes highnes her heirs and successors or united and annexed to the Imperiall crown of the Realme So helpe me God and by the contents of this book The title then of Supreme Governour in the oath is explained by the preceeding words of the statute to which and for observation of the which the oath is subjoyned viz. that the Prince hath all manner of spirituall or Ecclesiastical jurisdiction and all manner of privileges and preeminences any way touching or belonging to the same which was before or may be lawfully exercised for visitation of the Ecclesiasticall state reformation order and correction of the same and of all manner of errors heresies schismes abuses offences contempts and enormities and that he may commit the exercise of the same to any of his naturall born subjects whom it shall please his highness to constitute commissioners in causes Ecclesiastical to judge discern and correct in matters of Idolatry simonie errour and heresie and all other causes Ecclesiasticall whatsoever This oath of supremacie is different from the oath of fidelity or allegeance devised of late That requireth no further theÌ„ to acknowledge the king to be lawful righteous king and to sweare obedience and fidelitie to him notwithstanding he be excommunicated by the Pope to acknowledge that the Pope notwithstanding of his excommunications cannot depose kings and dispose of kingdomes at his pleasure The Papist is straitned with this oath of
of Shires from Synodes to Nationall Assemblies they must step up a Popish ladder by Archdeacons Officials Bishops Deane of Arches Archbishops saving that at the top of the ladder they finde the Prince for the Pope to whom they must not appeale nor yet to any greater Councels of many reformed or unreformed Churches or to an oecumenicall Councell whatsoever they talke of Generall Councels Now the causes convoyed by these subordinate appellations are all Ecclesiasticall causes agitated in the Ecclesiasticall Courts Of which causes wee are to treat in the third chapter These which belong to Canons or Ecclesiasticall lawes concerne either the making of them or the administration and execution of them or the relaxation of them As for the making of them 1. in that the Prince may make new lawes anent ceremonies and rites with advice either of his Commissioners in causes Ecclesiasticall or of the Metropolitan 2 Synod provinciall or nationall may not be convocated without the Princes writ direct to the Metropolitan 3. Nothing may be treated or determined in the Synode till the Prince first be made privie and give assent 4. Nothing shall have the force of a law till the Royal assent of the Prince be given to those things which the Synod shall think good to decree Beza in his 8. Epistle to Grindal Bishop of London confesseth that he trembleth and shaketh at the first of these heads And in very deed it may turne upside down the whole government of the Church and outward forme of Gods worship overthrow the one and deface the other Did not the Bishops affirme at the examination of Barow that the Queen might establish what Church government it pleased her Highnes Because they dare not affirm that Princes may change any thing that is unchangeable by divine law therefore they make many unchangeable things both in government and externall ceremonies in Gods worship to bee changeable that they make a change at their pleasure and may bring in all that ever was hatched by the Antichrist a Popish Church government significant rites and symbolicall toyes and ceremonies For what may a corrupt Prince and a corrupt Metropolitan or some few corrupt commissioners not challenge for changeable Nay even rites of order and comelines and lawes of things indifferent for a religious use should be considered by the lawfull and ordinary assemblies of the Church how they agree with the generall rules prescribed in the word how they will edifie the Church how God shall be glorified Christian charitie entertained order and comelines preserved For we must not consider things indifferent onely in â—heir generall kinde but in their particular and circumstantiall use which if we permit to Princes they may abuse indiffereÌ„t things to the great hurt of the Church Synods ought not to be convocate without the Princes privitie or the warrant of the law in generall but if the Prince be wilful in denying his assent and the Church be in extreame danger ready to be overwhelmed or greatly disturbed with heresies schismes divisions enormities we may use the benefit of the law and if the law of man be wanting yet the Church should not cease from doing her dutie and exercising that power which is granted her by Christ who hath also promised his presence when but two or three are convened in his name Salus Ecclesiae suprema lex esto The power of Christian Princes in the Church is cumulative to aid her to execute her power freely not privative to deprive and spoile her of any power Christ hath granted to her And by the same reason the Church may entreate determine and strengthen her decrees and constitutions with Ecclesiasticall censures and punishments notwithstanding the Prince will not assent approve ratifie the Canons of the Church nor confirme them by his lawes and fortifie them with temporal punishments Prudence I confesse is required in the Church to weigh the case of necessity when to put this â—er power in practise As for the administration and execution of lawes in that the Prince may 1. visit the Ecclesiasticall state and their persons 2. reforme redresse and correct them and whatsoever sort of heresies schismes errours abuses offences contempts and enormities of any whomsoever 3. to assigne nominate and authorize when and as often as it is his pleasure such persons being naturall borne subjects as he shall think meet 1. to exercise and execute all manner of jurisdictions privileges and preeminences in any wise touching or concerning any spirituall or Ecclesiastical jurisdiction 2 to visit 3 to reforme correct and amend all such excesses or defects whatsoever which by any maner of Ecclesiasticall power authority or jurisdiction might been have been reformed ordered corrected amended or restrained The Princes power in visiting reforming and correcting abuses enormities errours heresies c. may be seen as in a liuely picture in the high commission to be not onely a temporall power but also a spirituall to inflict Ecclesiasticall censures punishments For the Prince could not communicate this power to his Delegate Commissioners except he claimed it to himselfe as Principall For none can transferre that to others which he hath not himselfe It must follow therefore that the Princes power is Ecclesiastical not onely in respect of the object and matter whereupon it worketh as heresies errours abuses c. but also formally in respect of the manner to wit by inflicting Ecclesiasticall censures and punishments unlesse we will affiâ—me that suspension deposition excommunication are not Ecclesiastical but civill punishments and censures which were absurd We shall entreat of the power of the high commission in the next chapter severally by it selfe As for the relaxation of the Canons or lawes in that 1. first for ever when as they are altogether abrogated by the Prince 2. for a time onely as when hee granteth remission of any crime or transgression of the Canons for times by gone and to come when both infamie is abolished and the transgressor is restored to his former state 4. When the grace of the Canon is granted for time to come to any certaine person upon speciall occasion the cause being tried which grace they call dispensation which is for the most part done when the faculties of this kinde granted by the Archbishop of Canterbury upon whom this office doth lye by statute are confirmed with the great seale of England or when if he without just cause refuseth the Chancellour of England granteth them primarily according to the statute made thereanent If the Prince may abrogate the canons of the Church without consent of the church in vain were the Canons of the Church made Or that the Church may not abrogate any canon when they finde it proveth inconvenient is as great an inconvenience In vaine likewise are canons strengthened and guarded with censures and punishments and the black markes of infamie set upon heynous crimeswith the legall effects thereof if the Prince may abolish the crime as simoniacall paction or any the like
authorised by the statute whereupon the Commission is founded which I have set down in the beginning of the first chapter For it was ancient jurisdiction Ecclesiasticall which was restored to the Crown in that act and meant to be executed by the Commissioners as Nicholas Fuller avowed in the defence of his Clients But to fine imprison and force any person to accuse themselves upon their own enforced othes their being no accuser known nor accusation libelled he proved was not ancient jurisdiction Ecclesiasticall but brought in in the second yeere of â— Hen. the 4. In the record of the worthy proceedings of the House of the Commons at the Parliam holden 1610 we have this greivance Secondly for that whereas by the intention and words of the sayd statute Ecclesiasticall jurisdiction is restored to the Crowne and your highnessly that statute inabled to give onely such power Ecclesiasticall to the sayd Commissioners yet under colour of some words in that statute whereby the Commissioners are authorized to execute their commission according to the tenour and effect of your â—ighnesse letters patents and by letters patents grounded therupon the sayd Commissioners do fine and imprison and exercise other authority not belonging to the Ecclesiasticall jurisdiction restored by that statute which wee conceive to bee a great â—â—rong to the subjects Aud that these Commissioners might as well by colour of these words if they were so authorized by your Highnesse letters patents fine without stint and imprison without limitation of time as also according to will and discretion without any rules of law spirituall or temporall adiudge and impose utter confiscation of goods forfeiture of lands yea the taking away of limme and of life it selfe and this for any matter whatsoever pertaining to spirituall jurisdiction Which never was nor could bee meant by the makers of that law To fine and imprison at pleasure are punishments belonging to the temporall sword which Christ hath forbidden his Apostles and all Pastors their successors to use The weapons of their warfare are not carnall but spirituall Christ committed unto them keyes not swords In very deed there is no crueller beast nor more tyrannous then a degenerate Churchman Hee is more insolent and outragious with the Dative sword then Princes are with the Native Why should they not be like their eldest brother that bloody beast of Rome Degenerate Clergimen will either usurpe the power of the temporall sword or take it when it is offered but â—ver abuse it The three commissioners may inflict spirituall censures and punishments as suspension deprivation deposition excommunication They may call for a Priest comand him to denounce and declare in some Cathedrall Church or other publick place the offender to bee excommunicated but they enquire cognosce decerne and pronouuce the sentence of excommunication in their Court and the excommunicate may be denounced long after and howbeit the Priest should pronounce the sentence in judgement yet he should bee onely like the dempster that pronounceth the doome or like the hangman or poore slave directed by the judge hee neither inquireth cognosceth nor decerneth Yet if ye think the coÌ„missioners may excommunicate because the Archbishop is present ye are deceived for his power in the high commission is not Episcopall nor Archiepiscopall but delegate onely from the Prince which other assessours not Bishops have as well as he and by this delegate power he with his two associates as I have sayd may inflict this censure upon any subject within England or Ireland which hee cannot doe as Bishop or Archbishop for their jurisdiction ordinary is limited within the bounds of their Diocie or Province When Spottiswood pretended Archbishop of Saintandros was but a rurall minister in Calder and Law of Glasgow a rural minister at Kirkliston possessing onely the rents of Bishoprickes not authorized as yet with the office of Bishops for that pretended Assembly of Glasgow was not yet convocated yet were they armed with power to decern excommunication against any subject within our Realm to command the minister of the offender to proceed against him and if he refused to suspend deprive or ward him They were thus armed immediatly before that pretended assembly with power of warding â—ining imprisoning suspending degrading and decerning excommunication without the consent of the Church or approbation of the Estates that they might wring out of the hands of the Kirke at that corrupt and pretended Assembly EpisEpiscopall jurisdiction which many times they protested never to usurp before and without the free consent of the Church obtained thereunto O perfidious violence What we have said of excommunication may be likewise said of suspension deprivation and deposition The Archbishop doth not suspend or deprive as Archbishop but as the Kings Delegate Iudge and Commissioner by which power he may suspend or deprive Ministers out of the bounds of his ordinarie jurisdiction which no Bishops or Archbishops may doe by their ordinarie power We had a late example in our own Archbishops about two yeares since for when Mr. Spotiswood was at Court Mr. Law pretended Archbishop of Glasgow suspended Mr. Blyth and Mr. Forrester from their ministerie which he could not doe as Archbishop for they were neither within his Diocie nor his province He did it then as head of the Commission sitting for the time that is by a delegate power from the King To let passe that at that same vile Assembly no mention was made of Archbishops and paction was onely made with these men who had the benefices for which vulgarly they were called Bishops that excommunication suspension deprivation and deposition should not be coÌ„cluded without theÌ„ not that they might suspend deprive excommunicate by themselves and at their pleasures in the high Commission or any where else but according to the damnable Canons made by that wofull but pretended and null Assembly Farther the Prince may inable one or moâ— lay men with this same commission wihout mixture of Ecclesiasticall persons It is then an extraordinary power wherewith they are inabled by the Prince to suspend depose and excommunicate But the Prince hath not this power himselfe and therfore by no right of Gods law may he communicate this power unto them and it is a proud usurpation over the Church to them to receive it or exercise it In the Parliament holden 1592. some acts which were made in that turbulent time of the 1584 yeare were repealed as followeth Item our Soveraigne Lord and Estates of Parliament foresayd abrogates cassis and annulls the act of the same Parliament holden at Edinburgh the sayd yeare 1584. granting commission to Bishops and other iudges constitute in Ecclesiasticall causes to receive his highnesse presentations to benefices to give collation thereupon and to put order in all causes Ecclesiasticall which his Maiesty and estates foresayd declares to be expired in the selfe and to be null in time comming and of none availe force nor effect Not withstanding of this repealed commission our
was made there was a binder and a bond but none present or known to bee bound When the offence is committed there is one to be bound but where is the binder And yet in their latest Canons made in the first yeare of the Kings entry they have made excoÌ„munication ipso facto to be the sanction of many of their Canons excoÌ„municating ipso facto all such as shall affirme the forme of their Church service to be corrupt and superstitious the rites or ceremonies established by law to bee wicked Antichristian or superstitious the government of their Church by Archbishops Bishops Deanes Archdeacons c. to be Antichristian or repugnant to the word or that the forme and maner of making or consecrating their Bishops Priests and Deacons is not lawfull c. So that at this day the better sort both of the ministerie and professours amongst them do stand excommunicate by this Popish guise The next thing to be considered is the sole authoritie of bishops excommunicating by themselves alone or their Deputies Officials Chancellours Archdeacons the ministers and professors in whatsoever Church of their large Diocie When Christ sayd Tell the Church Math. 18. was this the meaning Tell my Lord Bishop or his Chauncellour the Archdeacon or his officiall Can this collective name Church by any shift be drawne to signifie one particular person Canterburies grace himselfe or the great Pope himselfe Is the Pope the universal Church or the Bishop the diocesan Church or his Chauncellour Christ maketh a graâ—ation from one to two at last to many The Apostle reproveth the Corinthians because they had not already excommunicated the incestuous person And do yee not judge them that are Within sayth the Apostle 1. Corinth 5. 12. In the second Epistle chap. 2. v. 10. hee declareth that they haâ— power to forgive and reconcile the same incestuous person And writing to the Thessalonians hee willeth them to note the man who obeyed or harkned not to his Epistle and to have no companie with him that he may be ashamed 2. Thessal 3. 14. Now there was no Bishop at all either at Corinth or Thessalonica as they themselves will grant farâ— lesse an usurping Prelate drawing all the power to himselfe It is one of the weightiest judgements in the Church and therefore not to bee permitted to the pleasure of one man It is not onely the Bishop thaâ— hath this power alone to excommunicate by himselfe or his Deputie but also the Deane Prebendaries and Canons in welnigh all the cathedrall and collegiat churches throughout the Realme having certain Parochiall churches exempted from the Bishop within their exempt and peculiar jurisdidictions by meere Pastorall authoritie for Episcopall authoritie by the lawes of the Church they haue none may exercise all manner of spirituall censures and that as wel by their substitutes as by themselves Nay iâ— hich is more in Cheshire Lancashire Yorksire Richmondshire and other Northern parts there bee many Whole Deanries exempted from the Bishops jurisdiction wherein the Deanes and their substitutes have not onely the prohate of wills and granting of administrations but also the cognisance of Ecclesiasticall crimes with power to use the Ecclesiasticall censures yea this authority of the execution of Ecclesiatsticall censares have those Deanes either long since by some Papall priviledges obtained or else by long use prescribed agâ—inst the Bishops Whereby againe it is clearly convinced that Episcopall excommunication used in the Church of England is not of divine institution but onely by humane tradition for were it of divine right then could the same no more be prescribed or by papall immunitie be possâ—ssâ—d then could these Deanes prescribe power or be infranchised to breach the word or to administer the â—acraments Yee see Cathedrall Deanes Canons and Prebendaries in cathedrall and collegiat churches and some rurall Deanes may use the Ecclesiasticall censures But the Pastoâ—s of the Churches set over their flocks to govern rule with power of the keyes are deprived of the other half of their pastoral charge and the pastorall staffe as I have sayed is taken from thâ—m Thirdly they excommunicate for trifles The last petition which was made the first yeare of the Kings entry reporteth thae thâ—y excomunicate for trifles and twelvepennie matters If a man pay not the fees of their Courts he shall be excommunicate For the Chancellors Officials the Registers the rest of that rable must not want their unreasonable dues They doe not excommunicate in the congregation where the offender dwelleth but in their Courts in forme of a writ in Latine proclaimed in the Bishops or Archbishops name as Barrow reporteth and so also is their absolution The excommunication may perhaps he intimated a long tyme after in the congregation and the people warned to beware of the man who was excommunicate in their Court perhaps for a trifle The Admonition to the Parliament sayth that whereas the excommunicate were never received till they had publickly confessed their offence Now for paying the fees of the Court they shall by Mâ— Officiall or Chauncellour easily be absolved 5 The manner is that if the apparitor cannot persanally cite the person to be summoned he useth leave word at his house If he come not at the day he is forthwith excommunicate as the defender of thâ— last Petition â—oeth report 6. They transfâ—rre this power of excommunication to lay men their Chauncellours and officialls whereof we shall intreate in the owne place The curse Anathema some doe not distinguish from the great excommunication but onely in some solemnities because it is uttered with some externall signes and ceremonies to strike a greater terrour Others do distinguish it and Mucket defineth it to be that censure whereby a pernicious heretick as Gods publick enemie reiected cursed execrate is adjudged and given over unto eternall judgement and damnation This is answerable to that anathema which the Apostle calleth Maranatha or the Talmudists schamatha But such a censure cannot be inflicted unlesse it be revealed to the church that the offender hath sinned against the Holy ghost Besides the censures common to lay men and ecclesiasticall persons already meÌ„tioned there are these two reckoned by Mucket corporall pennance and deniall of buriall in sacred places Corporall pennance is inflicted upon the outward man For to the publick confession of the offence there is some bodily pennance adjoyned and enioyned the offender As for example to stand upon a Lords day bareheaded and barefooted cloathed with a white sheet having a white wand in his hand at the porch of the Kirck and when he entreth into the Kirck to prostrate himself to kisse the ground and then to come to the midst of the church crave forgivenes This manner is descrived by Mack Lindwood in his Provincial reckoneth for corporall pennances thrusting in a Monasterie imprisonment striping and the imprinting of a mark upon the person Many moe â—ere the popish pennances which turned into
have found out a new trick which will not serve their turn The Civilian the Chauncellour or officiall when he is to excommunicate he hath a minister to assist him who pronounceth the sentence The defender of the last petition telleth us that the minister assistant to the Chauncellour who is for the most part of the meanest and simplest of the clergie is but a cyphar he doth nothing but his masters direction excommunicateth and absolveth at his pleasure The Minister is not judge here the sentence is set downe in writ to him in Latine which he must rehearse A memorable example we have in the Assertion for true and Christian church policie together with the Article made anent this matter Vniusquisâ— Vicarius generalis officialis ceu commissarius qui ordines Ecelesiasticos non susceperit c. Every Vicar general officiall or Commissarie which hath not taken upon him Ecclesiasticall orders shall call and associate unto him some learned Presbyter who being armed with sufficient authority from the Bishop in his jurisdiction or from the Archdea being a presb in his iurisdictioÌ„ shall denounce and that by the prescript of the judge present the sentence of excommunication for contumacie The example and practise of this precept followeth Dr. Hone the Archdeacon of Surrey his officiall being to excommunicate certaine persons had a silly Curat Mr. Rowland Allen to attend his service and to denounce the lesson which was written to him in paper to read Iohannes Hone legum Doctor officialis venerâ—bilis viri Domini Archidiaconi Surr. omnibus singulis Rectoribus c. salutem Cum nos rite legitime procedentes omnes singulos quorum nomina c. in non comparendo â—oram nobis c. ceu saltem in non satisfâ—ciendo mandatis nostris c. pronunciaverimus contuniaces ipsosque ex communicandos fore decreverimus Cumque â—iscretus vir Magister Roul Allen Presbyter 〈◊〉 omnes et singulos subscriptos ex officio nostro ex coÌ„municaverit in scriptis iustitia id exigente vobis igitur committimus c. quatenus eos omnes sicut prefertur ex officio nostro excommunicatos futsse eâ— esse palam denunciâ—tis Datum sub sigiâ—o officialitatis nostrae 19 die Decembris Anno Domini 1587. Iohn Hone Doctor of the lawes official of the venerable man the 〈◊〉 of Surrey to all and singular persons c. greeting Whereas wee otherwise rightly and lawfully proceeding all and singular whose names are 〈◊〉 in not appearing before us or at least 〈◊〉 in not satisfying of our mandates haue pronounced contuâ—ciâ—us and decreed them to be excommunicated And whereas also the discreet man Mr Rowland Allen Presbyter out of our office hath excommunicated 〈◊〉 and singular underwritten â—iâ—stice so requiring Wherefore we charge that openly you denounce and declare them and every of them so as aforesaid out of our office to be excommunicated Given under the seale of our officiality the 19 of December 1587. The poore curate sayth this authour jerked these whose pointes soever the other untied Now in this case it cannot be sayd that it was onely the poore Curate who 〈◊〉 excommunicate For he is but the hangman the other is the Iudge Poore Rowland Allen rehearsed the sentence by the prescript of Doctor Hone. Doctor Hone â—â—ted pronounced them contumaciously absent and upon the conâ—umacie decreed them to be excommunicated prescrived the lesson to poore Rowland Allen without which things the sentence should be a nullsentence D. Hone the Archdeacons officiall hath power to call and associate unto him and to prescribe Rowland Allen presbyter and another mans hireling Curate in Southwarke to excommunicate not onely the parochians of anothers Pastors charge but also any other Pastor whatsoever subiect to the Acchdeacons jurisdiction If it be lawfull at the voyce of a lay stranger that an hireling and stipendiarie Curate should chase another mans sheepe out of his owne fold how much more is it lawfull that a true shepherd should disciplinate his own sheepe feeding and couchanâ— within his owne pasture and within his own fold Ye see then whereto this alteration of discipline will turne in the end The censures of the Church as a matter of no worth or moment shall be put in the hands of base Officialls and blind Rowland Atlens An Oxe and an Asse shall plow together in the Lords field The Chauncellors Commissaries and Officialls have power to convent a minister before them and if hee compeir not first suspend and then excommunicate him as is evident by their latest Canons Thus shall the worthiest of our ministrie bee brought under bondage The Reader may see how unworthily the Archbishops Bishops and Archdeacons deale with the Church which not content themselves to use tyranny over it and to take upon them of their private authoritie which belongeth unto other with them have also brought it into bondage under their servants and servants servants I meane Chauncellours Commissaries c. sayth Mr. Cartwright The Commissarie court is but a little stinking ditch say the authors of the admonition to the Parliament In this Court one alone doth excommunicate one alone sitteth in judgement and when he will can draw back the iudgement which hee hath pronounced having called upon the name of God and that for money which is called the changing of penance In this Court for none payment of two pence a man shall be excommunicate if he appear not when he is sent for This Court pouleth parishes scourgeth the poore bedge-priests ladeth Churchwardens with manifest perjuries punisheth whooredome and adulterie with toyish censures remitteth without satisfying the congregation and that in secret 〈◊〉 giveth out dispensations for unlawfull marriages and committeth a thousand such â—ike abominaâ—â—â— where the Iudges Advocates and Proctors are for the most part papists And as for Scribes and Notaries as greediâ— as Cormorants If they all should perhaps see this writing they would bee as angry as Wasps and sting like 〈◊〉 Three of them would be enough to sting a man to death for why they are high Commissioners Againe who be their Chauncellours but most suspected Papists I heare not of one of them but he is a brâ—â—er Who be their Sumners but the veriest varlets What are the Canonists what are they but suspected Papists and where have they the most countenance but of the Bishops To be their chiefe doers and high Commissioners with them to wrâ—g their brethren if they bee Gods children and to â—et papists passe free or to bee punished lightly How are matters dealt with in their Courts but all for Mistres Money What a charge are they to the Clergie and what a summe have they yearly that might be saved and it is no small matter that maintaineth their Courts Again It would grieve a chast eare to heare the bawdie pleading of many Proctors and Doctors in those Courts and the Sumners yea and Registers themselves Mr. Archdeacon and Mr.
allegeance but not with the oath of supremacie for feare of troubling his tender conscience The statute of the supremacie was explained the same year of Qu. Elizabeths raigne in an admonition added to the injunctions as followeth That her Maiestie neither doth nor ever will challenge any other authority then was challenged and lately vsed by the noble kings of famous memory king Henry the 8. and king Edward the 6. which is and was of ancient time due to the Imperial crown of this Realme that is under God to have the soveraignty and rule over all manner of persons born within these her realmes dominions and countries of what estate soever they be either Ecclesiasticall or temporall so as no other forraigne power shall or ought to have superiority over them In this admonition the subjects are made to understand that her Maiestie did not claime power to minister divine offices in the Church as to preach the word and minister the sacraments They have been too simple who have construed the statute in such a sense For no wise man will thinke that kings and Queens will take upon them either the paines or worldly discredit to preach the word minister the sacraments intimate to the congregation the sentence of excommunication The statute doth make no mention of divine offices in the Church but of jurisdiction Ecclesiasticall which is and was in time of papistrie exercised at visitations and in Ecclesiasticall courts This explanation therefore of the admonition annexed to the Injunctions and ratified by Parliament in the fift yeare of Qu. Elizabeth derogateth nothing from the former statute but onely summeth it in more generall tearmes To challenge no more then was challenged and lately used by the noble kings of famous memory K. Henry 8. and Edward 6. is to challenge to be head of the Church to have all jurisdiction Ecclesiasticall flowing from the possessour of the Crowne as from the head and fountaine Mr. Fox in his Acts Monuments relateth that in the 34. of K. Henry the 8. it was enacted That the king his heirs and successors kings of that Realme shall bee taken accepted and reputed the onely supreme head on earth of the Church of England and shall have and enjoy annexed and united to the Imperiall crowne as well the title and stile thereof as all honours dignities preeminences iurisdictions priviledges authorities immunities profits and commodities to the sayd dignitie of supreme head of the same Church belonging and appertaining and that they shall have full power authority from time to time to visit represse redresse reforme and amend all such errors abuses offences contempts and enormities whatsoever they be which by any manner of spirituall authority or iurisdiction might or may lawfully be reformed repressed ordered redressed corrected or amended In a rescript of Edward the sixth it is thus written to Cranmer Archbishop of Canterburie Seeing all manner of authoritie and iurisdiction as well Ecclesiasticall as secular doth slow from our regall power as from a supreme head c. we give unto you power by these presents which are to endure at our good pleâ—sâ—re to give and promove to the sacred orders even of the Eldership or as they use to speake Priesthood any within your Diocie Anno 1. Edw. 6. cap. 12. an act was made That the Bishop should bee maâ—e by the Kings letters patents and not â—y election of Deane and Chapter and that they should make their proces and writings in the Kings name and not under their own names and that their seales should be the Kings armes This act repealed in the 1. of Queen Mary was revived in the 1. of K. James It was objected to Bishop Farrar in the dayes of the same yong king Edward that hee deserved deprivation because hee constituted his Chancellor by his letters of commission omitting the kings majesties stile and authority and that he had made collations and institutions in his owne name and authority without expressing the kings supremacie His answer was that howbeit there was some default of formalitie in the commission yet his highnes stile and authority was sufficiently expressed in the sayd commission Neither did the sayd Chancellor offer to visit but in the Kings name and authority to the sayd Bishop committed And as to the other poynt that hee made his collations and institutions in his owne name not by his own authority nor by any others save the kings authority expressing in them the kings supremacie with the Bishops own name and seale of office Whitgift sometime Bishop of Canterburie sayth We acknowledge all jurisdiction that any court in England hath or doth exercise be it civill or Ecclesiasticall to be executed in her Majesties name and right and to come from her as supreme Governour And againe in another place The Prince having the supreme government of the Realme in all causes and over all persons as she doth expresse the one by the Lord Chancellor so doth she the other by the Archbishops Dr. Bancroft who was afterward made Bishop of London and at last Bishop of Canterbury in a Sermon made at Pauls Crosse anno 1589. maketh her maiesty a petie Pope and assigneth unto her not some of the Popes power but all honours dignities preeminences iurisdictions privileges authorities profits and commodities which by usurpation did at any time appertaine unto the Pope belike relating the words of the act made in the 34. Henry 8. Our Bancroft Mr. Spottiswood pretended Archbishop of Saintandros at the pretended deposition of N. in the high commission sayd likewise I say unto you N. the king is now Pope and so shall be To be supreme governour in all causes Ecclesiasticall then is not onely to be an avenger with the sword as Bilson would make the Iesuits beleeve in his book of obedience but also to be judge in matters of errour and heresie superstition and idolatry and all other causes Ecclesiasticall and as a supreme governour to communicate this power to auy naturall borne subject In the Parliament holden at Perth anno 1606. where a number of the Nobility consented to the restitution of the Bishops to their 3 estate and old privileges that they might get the other prelacies erected in temporall Lordships it was declared in the second act That the whole estates of their bounden dutie with most hartie and faithfull affection humbly and truely acknowledge his Maiestie to be soveraigne Monarch absolute Prince iudge and governour over all persons estates and causes both spiritnall and temporall within his sayd Realme He is then not onely governour but judge also over all causes But the nature of the supremacie may be yet better conceived when we have taken a view of the particular rights of the supremacie and of the power granted to the high commission The Kings supremacie considered particularly consisteth either of things which are granted onely by statute or restored by statute as due of right to the Royall Crowne Granted first by
statute as to receive the Annates or first yeares fruits of every Ecclesiasticall benesice after the vacancie of it and the tenth of all Ecclesiasticall benefices yearly These first fruits and tenths were the Popes due in time of Poperie when the Pope was cast forth they were given to the King and it was enacted That the Kings Maiesty his heirs â—nd successors for the augmentation and maintenance of the royall estate of his Imperiall Crowne dignity of supreme head of the Church of England should yearly have take enioy and receive united knit unto his imperiall crown for ever a yearly rent or pension amounting to the value of the tenth part of all the revenewes rents farmes tythes offerings emoluments and of all other profits as well called spirituall as temporall then appertaining or belonging or that afterward from thenceforth should belong to any Archbishopricke Bishopricke Abbacie Monasterie Priorie Archdeaconrie Deanrie Hospitall Colledge house Collegiate Prebend Cathedral church Collegiate Church couentuall church Parsonage Vicarage Chanterie free chappell or other benefice or promotion spirituall c. It was further enacted That the sayd first fruits and tenths and all the reuenewes and profits thereof should be in the order survey and governance of the Court of first fruits and tenths and ministers of the same This Court was erected in the Parliament begun anno 31. Henr. 8. Marke these words for the augmentation and maintenance of the royall estate of his Imperial crowne and dignity of supreame head of the Church of England for in that respect are the tenths exacted Restored by statute as of right due to the Crowne are either such as have ever been used by the Prince within his dominions or haue not been in use c. Ever in use as the supreme right of patronage called Patronage Paramont so that by lapse of time collation of benefices are transferred to the Prince and no further 2. To reap the tents of vacant benefices to his owne proper use 3. to give licence to choose a Bishop 4. to nominate a fit man to the Chapter whom they shall choose to the Bishopricke 5. to give consent to the person elected 6. to receive the oath of homage from the Bishop 7. to present any Ecclesiasticall persons whatsoever before the civil judges for offences committed against the peace of the kingdome and the Kingsroyall dignity Presentations and collations of benefices whether ordinary and original or extraordinary and transferred by devolution to superiours for the neglect of inferiours postponing times prescribed by law are the inventions of Sathan broched and dressed in his kitchin sayth Beza For when the Patrone presenteth to a benefice and the Bishop giveth collation the libertie of the Church to choose and seeke the worthiest and fittest man one of a thousand as Iob speaketh is taken away and unworthy men thrust upon the Churches When there is any defect through neglect of time this liberty is not restored to the Church but her bondage still increaseth till at last the power of bestowing a benefice by gradation come to the Prince Now to conferre a benefice is to set a Pastor over a flocke for howsoever the person presented have received Ordours before yet he hath not a particular charge but is a minister or as they call him a Priest at Random till he obtaine some benefice The Prince taketh up the rents of vacant Bishoprickes as Superiours of vassals who hold their lands of their Liege Lord. The Bishops See being vacant the Diocesan Church as they call it hath not liberty to choose a Bishop either in a full convention or by their commissioners nor yet the ministers of the Diocie but onely the Dean and Chapter as was the manner in time of Popery Neither may the Deane and Chapter proceed to the election till first a licence bee sent from the Prince and with the licence is sent a letter nominating the person whom they shall choose and then they proceed to the acceptation rather then free election of the person nominated Notwithstanding of this imaginary and feigned processe of election the kings assent and ratification is required Yea without all this imaginary proceeding of Deane and Chapter the Prince may by vertue of the statute above mentioned proceed to the ful election by himselfe and will do it when he thinketh good The clergy nobility gentry communalty of the Diocie are not regarded all this time They must accept whom Deane Chapter at the Princes pleasure shall recommend to them Hence it is that the Church receiveth Pastors Bishops from the Princes palace and he that can give or promise the greatest gift to the greatest Courtier shall win the prise So the prophane courtier setteth these great commanders Pastors over many Churches From Popes and Princes courts as out of the belly of the Trojan horse have been sent forth asses swine Beares Bulls upon the Lords vineyard At the last Parliament 1617. election by Deane and Chapter was established without the consent yea against the acts of our Kirk And the first man that entred this way I mean the Parliament way that is by Deane Chapter was the land of Corce who made it nice to take on a Bishopricke till he had a lawfull calling and the free approbation of the Kirk My Lord elect must make homage to the Prince and sweare not onely fidelity which every subject owe to their Prince but also as a vassall to doe homage to him as his superiour and performe that knight service which he is obliged to for his temporall lands Whereas before they held their lands in pure almes they were either compelled by Princes to hold in knights service or made filthie pactions with them to the end they might get in many temporall lands and for that cause rendred themselves as vassals selling both their owne liberties and the liberty of Ecclesiastical elections Not in use till after the Papall usurped authoritie was utterly driven forth of the bounds of the English Empire These concerne 1 appellations 2 Canons and lawes 3 Benefices As for appellations interposed at the instance of any party 1 The last appellation is made to the Prince and not forth of the kingdome 2 hee delegateth judges by the Chancellour of England under the great seale who shall determine in the cause Appellations ascend by degrees from one to one not from one to many No mediate appellation is heire from one to a Provinciall Synode or Nationall but from the Archdeacon or his officiall to the Bishop from the Bishop or his Commissary to the Archbishop from the Archbishops Archdeacon to the Court of Arches or the Court of Audience from these Courts to the Archbishop himselfe from the Archbishop to the Court of Chancery or to the Prince who by the Chancellors seale appointeth judges 24. Henr. 8. 25. Henr. 8. 1 Elizab So in place of gradation from parish Sessions and Consistories to classicall meetings of the Presbyteries from Presbyteries to Synodes
perfidious Prelats haue resumed the same again without any law reviving it But let us proceed and heare what is recorded in the worthy proceedings of the Parliament above mentioned The Act is found to be inconvenient and of dangerous extent in divers respects 4. for that every pettie offence pertaining to spirituall jurisdiction is by the colour of the said words and letters patents grounded therupon made snbject to excommunications and punishment by that strange and exorhitant power and commission whereby the least offenders not committing any thing of any enormous or high nature may be drawn from the most remote places of the kingdome to London or yorke which is very grievous and inconvenient These three Commissioners being armed with double vengeance and power of both swords temporall and spirituall may strike a man at one strike in one sentence for one and the selfe same fault both with temporall and Ecclesiasticall censures and punishments They may depose and imprison a minister at one time for one offence they may fine and excommunicate at one time c. Againe they may punish the same offence in one person with a fine in another with imprisonment in the third with excommunication in the fourth with deprivation For their owne pleasures and discretions and not the lawes ar the rules of their censures and punishments Let us see what is recorded in the grievances Therein to wit in the Commission grounded upon the statute is grievance apprehended thus First for that therby the same men have both spirituall and temporall iâ—risdiction and may both force the partie by oath to accuse himselfe of an offence and also inquire thereof by a jurie and lâ—stly may inflict for the same offence at the same time and by one and the same sentence both spirituall and temporall punishments 2. wheras upon sentences of deprivation or other spirituall censures given by force of ordinarie jurisdiction any appeale lyeth for the party grieved that is heere excluded by expresse words of the commission Also heere is to be a tryall by Iurie yet no remedie by traverse not attaint Neither can a man have any writ of errour though a judgement or sentence be given against him â—â—â—â—unting to the taking away of all his goods and imprisoning him during life yea to the adjudging him in the case of premumire whereby his lanâ—s are forfeited and he out of the protection of the Law 3. That wheras penall lawes and offences against the same cannot be determined in other Courts or by other persons then by those trusted by Parliament with the execution therof yet the execution of many such Statutes divers whereof were made since 1. Eliz. are commended and committed to these Commissioners Ecclesiasticall who are either to inflict the punishments contained in the Statutes being Premunire and other high nature and so to inforce a man upon his owne oath to accuse and expose himselfe to these punishments or else to inflict other temporall punishment at their pleasure And yet besides and after that done the parties shall bee subiect in Courts mentioned in the acts to punishment by the same acts appointed and inflicted which we thinke were unreasonable The three Commissioners may not onely enquire and try but also judge in all causes Ecclesiasticall in causes of heresie simonie idolatry c. It is I grant provided in the statute 1. Elizabeth that they shall not in any wise have authoritie or power to order determine or adiudge any matter or cause to he heresie but onely such as heretofore have been determined ordered or adiuged to be heresie by the authoritie of the Canonicall Scripture or by the first 4. generall Councels or any of them or by any other generall Councell wherein the same was declared heresie by the expresse and plaine words of the said Canonicall Scriptures or such as heereafter shall be ordered iudged or determined to be heresie by the high Court of Parliament of this Realme with the assent of the Clergie in their Convocation This provision is no limitation unlesse wee will say that without the limits of the Canonicall Scripture there are some heresies determined which are not determined within the bounds of the Canonicall Scripture Seeing then they may determine in all he resies determined in the Scripture they may determine in all herefies whatsoever and may affirme that to bee determined for heresie in the Scripture which is orthodoxall If the commissioners the Princes delegates may be judges in all causes of herefie farre more is the Prince himselfe by their lawes and that without the provision foresayd wherwith the delegate commissioners are circumscribed These three Commissioners have power to receive appellations from other inferiour courts Ecclesiasticall like as the five with us have power by the Kings letters patents to receive and disusse all appellations made to them from any inferiour Ecclesiasticall Judges and to inhibite the said Ecclesiasticall judges to proceed iu any matter which they shall hold to be improper for them wherin they shall perceiue the said Iudges to have behaved themselves partially advocating the said matters is their own judgment See the commission renewed Anno 1618. So they may draw to themselves any cause whatsoever agitated in inferiour courts not onely at the appellation of any notorious villaine pretending grievance but also by advocation when they shall construe the cause to be unproper or the proceedings of the infeâ—iour Court to be partiall In the narrative of the proclamation it was pretended that this high commission is erected to stay advocation of causes granted by the Lords of Councell and Session That forasmuch as it hath bene compleaened by the Archbishops Bishops and other Ministers of that his Maiesties Kingdome that advocations and suspensions are frequently granted by the Lords of Councell and Session unto such as bee in processe before them and their Ecclesiasticall Courts for offences committed whereby offenders are imboldned continuing in their wickednesse and â—ing the said advocations and suspensions or meanes to delay their tryall and punishment Therfore c. Complaint hath been made sometime by ministers and suit to stay advocations that the ordinarie indicatures Ecclesiasticall might proceed to their censures without stop but not to change advocations Are the Archbishops and Bishops with their associates honester and more conscientions men then the Lord of Councel and Session An ambitious and covetous Clergie-man is of all men the most vile and prophane Did the Bishops complaine why do they then advocate causes from inferiour Courts Ecclesiasticall seeing they have usurped the sway of proceedings in Courts Ecclesiasticall to themselves Doe they accuse themselves of partialitiall proceeding in inferiour courts or handling improper causes and will these same men bee lesse partiall and more conscientious in the high Commission If no censure can take effect without their approbation and appellations should ascend from inferiour courts to superiour courts and Synods wherefore will they rather advocate causes to this extraordinary court of high
Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime coÌ„demned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man Bâ— sâ—atuâ—e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which gracâ—s they call Faculties Câ—nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and â—onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensaâ—ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessiâ—y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Arâ—hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Faâ—ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth â— port If there be a just cause to remit of the rigour of the Ecclesiastical law then easâ—ment shoulâ— be granted to the petitioner without money If â—here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound thâ—se which are yet whole and sound Iâ— was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other resâ—riâ—ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same licâ—nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banneâ— hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
iurisdiction power is united and anexed to the crown from whence it is derived as from a source unto them and by law they are bound to make their proces and writings in the kings name and not in their own names and that their seals should be graved with the Kings armes as I have already declared in the first chapter It is true that they make processes in their owne name and use their own seals but herein they transgresse the formes prescribed by lawTheir manner of holding in Capite in chiefe of the king their Episcopall power and jurisdiction is not changed for all that want of formalitie as before I have cleared out of Bishop Farrars answer Sir Edward Cooke in the 5. booke of his Reports doth prove That the Function and Iurisdiction of Bishops and Archbishops in England is by and from the Kings of England and concludeth that though the proceedings and progresse of the Ecclesiasticall Courts run in the Bishops name yet both their courts and lawes whereby they proceed are the Kings as M. Sheerwood in his Reply to Downam doth report So then all the acts of their Episcopall jurisdiction are performed by authoritie derived from the King If ye will call that authoritie civill then actions of a spirituall nature are performed by a civill authoritie which is absurd But seeing this is impossible that civill authoritie can be elevated to so high a nature it must follow that it is truely spirituall power which is united to and derived from the possessor of the Crown I meane in the estimation of men and judgement of the Law howbeit in it selfe and by Gods Law it cannot be done It followeth therefore that all the Iurisdiction properly spirituall which the English Prelates doe exercise as Prelates is unlawfull how soever they have the warrant of mens Lawes It is but onely to save their own credite that they have set Downam Bilson and other their friends on worke to plead that Bishops are above Pastors jure divino by divine Institution which they are not able to prove Next is to be considered their sole authoritie which is censured by Sir Francis Bacon now Chancellour of England after this manner There be two circumstances in the administration of Bishops wherein I confesse I could never be satisfied The one the sole exercise of their authoritie The other the deputation of their authoritie For the first the Bishop giveth orders alone excommunicateth alone judgeth alone This seemeth to bee a thing almost without exemple in government and therefore not unlikely to have crept in in the degenerate and corrupt times We see that the greatest Kings and Monarches have their councell There is no temporal Court in any land of the higher sort where the authoritie doth rest in one person The Kings bench common pleas and the Exchequer are benches of a certain number of judges The Chauncellour of England â—ath the assistance of 12 masters of the Chauncerie The master of the Words hath 4 Councell of the court so hath the Chauncellour of the Dutchy In the Exchequer chamber the Lord Treasurer is ioyned with the Chauncellour and the Barons The Masters of Requests are ever more then one The justices of Assize are two The Lord President in the Marches and in the North have Councell of divers The Starre Chamber is an Assembly of the Kings privie Councell aspersed with Lords spirituall and temporall So as in all the Courts the principal person hath ever either colleagues or assessours The like is to be found in other well governed kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will deny but the acts that passe by the Bishops iurisdiction are of as great importance as those that posse by the civill Courts For mens soules are more pretious then their bodies and so are their good names Bishope have their infirmities and have no exception from that generall malediction against all men living Vae soli nam si ceciderit c. Nay we see that the first warrant in spirituall causes is directed to a number Dic Ecclesiae which is not so in temporall matters And wee see that in generall causes of Church government there are as well assemblies of all the Clergie in councels as of the Estates in Parliament whence theâ— should this sole exercise of jurisdiction come Surely I doe suppose and I doe thinke upon good ground that ab initio non fuit ita and that the Deanes and Chapters were councells about the Seas and Chaires of Bishops at the first and were unto them a Presbyterie or Consistorie and medled not onely with the disposing of their revenues and endowments but much more in jurisdiction Ecclesiasticall But that is probable that the Dean and Chapter stucke close to the Bishop in matters of profit and the worlds and would not loose their hold But in matters of jurisdiction which they accounted but trouble and attendance they suffred the Bishops to encroch and usurpe and so the one continueth and the other is lost And we see that the Bishop of Rome fas est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall iurisdiction as in Consistorie And whereof consisteth this his Consistorie but of the parish priests of Rome which terme themselves Cardinals a Cardinibus mundi because the Bishop pretendeth to bee universall over the whole world And hereof againe we see divers shadowes yet remain in as much as the Deane and Chapter pro forma chooseth the Bishop which is the highest poynt of iurisâ—iction And that the Bishop when hee giveth orders if there be any ministers casually present calleth them to ioyne with him in imposition of hands and some other particulars And therefore that seemeth to me a thing reasonable and religious and according to the first institution that Bishops in the greatest causes and those which require a spirituall discerning namely the ordaining suspending or depriving Ministers in excommunication being restored to the true and proper use as shall be afterward touched in sentencing the validitie of marriage and legitimations in judging causes criminous as Simonie incest blasphemie and the like should not proceed sole and unassisted which point as I understand is a reformation that may be planted sine strepitu without any perturbation at all and that is a mater which will give strength to the Bishops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish thiâ— strength given to your Bishops in Councell so that is not unworthy your Majestiesâ— royall consideration whether you shall not thinke fit to give strength to the generall councell of your Clergie the convocation house which was then restreyned when the state of the Clergie was thought a suspected part of thâ— Kingdome in regard of their late homage to the Bishop of Rome
which state now will give place to none in their loyaltie and devotion to your Majestie Where it is sayd here that Deane and Chapters were at the first counsellers to Bishops it is to be understood at the first time of erecting Deane or Chapter not at the first setting up a Bishop far lesse at the first forme of Church-government planted by the Apostles For Presbyters were before Bishops and when Bishops were set up at the first they were set up by the Presbyterie and that in the degree of perpetuall Moderatorship and Presidentship onely neither was there a particular choice made of some Presbyters to sit in judgement with this President nor another besides this President Bishop to be Deane of the Presbyterie for that had beene to make a President above a president and some Presbyters Cardinall Presbyters of more esteeme theâ— the rest In the Church of Ierusalem all the Presbyten governed not a selected number D. Field a defender of the hierarchie acknowledgeth this That for a long time there was no more respect had to one Presbyter then to another but all equalâ—y interessed in the government of the Church were indifferently called to the election of the Bishops â—nd his consultations it is most cleare and evidâ—â—t Aâ—â— this he proveth in speciall of the Church of Rome by Cyprian And the first appearance of this difference that not all but Carâ—inall Presâ—yters onely were called to the common consultations in the Church of Rome it selfe that he found is in the time of Gregorius Magnus that is about 600 yeares after Christ yet he leaveth this as uncertaine But certaine it is sayth he that all the Clergiâ— had interest in the choyce election of the Bishop even in Gregories time As if now the whole ministerie and Cleargie of the citie of Lonâ—on should be admitted to the election of the Bishop and not some few Chapiter men onely Yea Bellarmine him selfe sayth Non enim jus divinum definivit ut hi potius quam illi ex clericis eligant For divine 〈◊〉 hath not determined that such and such of the Clergie more then others should choose But afterwords in processe of time sayth D. Field the Cardinâ—lls onely had interest in the election of their Bishop and they and no other were admitted to sit in Coâ—â—cell with the Bispop all other Presbyters being excluded By which meanes the dignitie of these Cardinals was greatly encreased Again Now these Cardinall presbyters were not onely in the Churâ—h of Rome but in other Churches also as Duarenus sheweth So the institution of this difference was so farre from being excellent that it thrust lawfull pastors from the government of their owne particular charges the joynt government of the church and increased the dignitie of Cardinalls These Cardinals were but parish priests and Deacons resident in their parishes and titles So are not our Chapitermen But that assistance and councel in proces of time went out of use also So it is ever dangerous to depart from the right partern and shape formes of government to our selves Alwayes this polititian alledgeth very pertinently to the shame of our bishops and their sole government that the Bishop of Rome performeth all Ecclesiasticall jurisdiction as in Consistorie We heard how Archbishops were made up with the spoyles of the Synodes So the Bishops were made up with the spoyles of the Presbyteries Would you not thinke it very absurd to see the Moderator sit by himselfe exercise all manner of Ecclesiasticall jurisdiction without the Presbyterie Of the Deane and Chapter wee will have occasion to entreat a-againe The third thing to be considered in the English Bishop is the deputation of his authoritie He hath griped greedily and taken in his own hands all the power of the Church and when he hath done that because he is neither able nor willing to discharge this burthen which he taketh on himselfe hee transferreth his charge unto other officers under him He hath taken from the Pastors the pastorall staffe of government which belongeth to every shepheard that is set to keepe Christs sheep and left them nothing but the pastorall pype to preach and minister the sacraments and hath put that pastoral staffe in the hands of strangers who are not the true sheepherds that is in the hands of Chancelours Archdeacons officialls and CoÌ„missariet vicars generall and the rest of that Antichristianâ—able of officers The 4. is their extensiue power For wheras the presbyterie choosed and set up a Bishop and no presbyter was excluded from common consultation and judgement and their meeting behoved to be ordinarie for exercise of ordinarie jurisdiction in the Church wher they governed the bounds of the Bishops jurisdiction could be no larger nor the bounds of the presbyteries jurisdiction that is wher all the presbyters might convene to exerce ordinarie jurisdiction All the presbyters of a shire or countie could not convene ordinarilie and weeklie together to exerce ordinarie ecclesiasticall jurisdiction Neither is any where in the new Testamenâ— a visible Church endowed with power of ecclesiasticall government taken for a whole shire or Countie We reade of the Church of Ephesus Philippi Ierusalem Corinth Thessalonica c. But to call the particular congregations in the countries extended in leâ—gth and breadth about these cities the church of thesâ— cities is absurd and no where to be found Hâ— would be thought to speake ridiculously whâ— would under the name of the church of Saint andros comprehend all the congregations iâ— Mers Lothian and â—ife or under the name of the church of Glasgow all the congregations iâ— Teviotdale Nithsdale clidsdale c. Citiâ— churches and towne churches the scripturâ— knoweth but not countrie churches Fâ—â— when the scripture speaketh of a Province or Countrey it speaketh in the plurall number Churches not Church in the singular Seing then there was no Diocesan Church ther was no Diocesan Presbyterie nor Diocesan Bishop No Church is above another The Church of Corinth had no superioritie over the Church of Cenchrea which was next adiacent And consequently the Presbyterie of one Church hath not superioritie over another Church therefore the Bishop chosen by the by the Presbyterie of one Church hath not power over the Presbyterie of another Church Neyther can he possibly exercise ordinarie iurisdiction in divers Churches and Presbyteries except yee will make him a Pluralist and have him gallop from one to another to keepe the ordinarie meetings which galloping was not kaowen in the Apostles times But Bishops have spred their wings over many cities and townes whole Countries and Shires that they are not able suppose they were willing to execute the power which they claime in their owne persons but must of necessity depute others And whom depute they I pray you Doctours of the civill lawe whom they make Chauncelours Officials Commissaries and other officers of the Canon law Suppose they should depute ecclesiasticall persons onely yet this should not free them
shall require All â—auses testamentarie and their appendicles are impertinent for Episcopal audience or any Ecclâ—siasticall oâ—sistorie Bona caduca is taken in the lawes as when failing him to whom they belonged by law the goods fal to another as the akorn which falleth to the ground when there is none to take it up is called Caducâ— glans By law Ecclesiasticall and coâ—firmed by the Municipall as 1. to conferre benefices or to institute into a benefice at the presentation of others 2. to command the persons instituâ—ed to be inducted 2. to command the fruits of vacant benefiâ—es to bee gathered and kepâ— in suâ—e custodie by some indifferent man to the use of the next successor 4. to assigne a competent portion to a vicarâ— 5. To grant dimissorie or testimoniall letters 6. to visit every third yeare thâ— Diocie Oâ— institution collation induction we shall entreat in a fitter place As for the third the sequestration of the fruits of the vacant benefices the authour of the Assertion of the true Christian Church policie thus writeth By the interest where by the Bishop challengeth to be custos Eccl. siarum there happen as bad if not worse then these for there is no sooner a Church voyd but a post is sent in all haste with letters of sequestiction to sequester the fruits to the use of the next incumbent which next incumbent for the greater care taken to preserve the fruits to his use before hee can obteine to be put in reall possession must pay 10. shillings or a marke or more for these letters of sequestiation with as much more also for letters so called of relaxation besides 2 pence 3 pence or 4 pence a mise for pottage Somner â— And from hence as â— take it is the Patron very much 〈◊〉 For he being as appeareth by the Statute of 25 Edm. 3. Lord and Avower of the Benefice ought to have the custodie and possession thereof during vacancie The fourth should not be at the Bishops carving but it is no great matter what be modified to them seeing they are for the most part hirelings or blind guides As for the fift it is agreeable to good ordour that no Clergie man passing from one Diocesse to another should be admitted to take on any cure without letters of commendation and a Testimoniall of their honest life and conversation and sufficient qualification but that this should be in the Bishops power is against reason and therefore no wonder if many abuses and inconveniences arise upon their flight Passe-ports Visitation is needfull and it were better for the Church if it were annuall But that the Bishop or any other should be sole Visitor is hurtfull A number is more able to make a sharpe enquirie for moe eyes see better then one and would not be so foone drawen away with corrupt partialitie The chiefe part then of voluntarie jurisdiction is every three yeare to visit the Diocie and to enquire by the Church-wardens and Side-men of the excesses and defects either of the minister of the Church wardens themselves or the rest of the parishioners Or the Minister as he is Minister or as he is another sort of man As Minister either in respect of his publick function in committing or omitting what hee ought not or in respect of his private life for many things are tollerate in lay men which do not besâ—eme Ministers Or the Church-wardens themselves and that concerning their office either in the Kirk or temple or out of it Oâ— the rest of the Parishoners â—ither as having some peculiar function or any other Christians As having peculiar function Phisitians Chyrurgians Schoolemasters Mid-wives if they exercise their function not being approved or use â—â—rcerie or superstition keepers of hospitals when according to their foundation the Bishop is only appoynted visitor or no other Of the other Christians offending against pieâ—ie righteousnesse sobrietie Against pietie as by blasphemy against God or the holy scripture idolatry superstition sâ—rcerie if it be such as by civill lawes of the kingdom is either not at all corrected or by order and dirâ—ction of the lawes is made also subject to Ecclesiasticall censures Breach of oath called Laesio fidei made before an Ecclesiasticall Iudge or voluntarily to any private man Heresie error against the Articles of Religion set forth in a Nationall Synoâ— holden the yeare 1562. and confirmed by royall authoritie schâ—â—me unlawâ—ul conventicles absence from divine service in their own parish upon the Lords dayeâ— or other festivall dayes where there is not a lawfull impediment unlawfull abstinence from parâ—aking of the Lords Supper which is to be celebrated thrice every year Against justice calumnie contumely râ—proach anent any cause Ecclesiasticall Simoniacall suing for sacred orders or degrees or of a benefice Vsurie above the rate often in the hundred by yeare Temerarious administration of the goods of the deceased subornation of perjurie falshood or forgerie committed in any Ecclesiasticall action violence to a minister deâ—eining of that which was left in legacie to the use of the poore or of goods due to the publick uses of the Church dâ—â—apidation of Ecclesiasticall goods and buildings Against sobriety as incontiniencie whatsoever committed with one of his kindred or bloud or of alliance either of them within the 4. degree exclusive according to the computation of the civill law which is called incest or adulterie or committed with a widow which is called stuprium or where both bee single tearmed fornication fiâ—thy speech sollicitation of anothers chastitie drunkennesse clandestine mariages either in respect of consent of parents or tutors not obteined or of the private place or witnesses moe then two not being present or the bannes not proclaimed three several times upon the Lords dayes or holy dayes in lawfull distance In this table we have an enumeration of offences belonging to Ecclesiasticall cognisance but it is unsufficient For there are many moe then are here expressed as Theft Sacriledge Murther Prophanation of the Sabboth Sodomie disturbance of divine service Polygamie Diffamation c. as by opening of the 10. commandements may be drawn out to a great number which ought to be censured by the Church This partition wall of crimes made in the Canon Law to make some crimes temporall others spirituall hath made the crimes reputed Ecclesiasticall to bee neglected by the Magistrates and many crimes not reputed Ecclesiasticall on the other side to be neglected by the Church As Adulterie howbeit by Gods law it be capitall so ought to be also by the law of man is not made capitall by their lawes but referred to the Ecclesiasticall Courts as proper to them many sins of witchcraft and sorcerie likewise And on the other side a Theefe should not passe uncensured by the Church howbeit he be overseen by the Magistrate For the church ought to deale with every scandalous sinner to bring the sinner to repentance notwithstanding the Magistrate pardoÌ„ or neglect to punish Next they have the offences there
What is there obtained without paying a fee They have fees for excommunication for absolution for institution and induction for letters of sequestration relaxation for licences to preach for subscription of a testimoniall for commutation of pennance for licence to marry without bannes c. The judgement it selfe in which is to be considered 1. the calling for the parties to law 2. Litis contestation 3. cognition of the cause 4. the sentence 5. such things as follow the sentence as execution or appellation These things are common to every court of contentious or litigious jurisdiction Here is to be observed that such a litigious kinde of pleading for things civill and temporall becommeth not the Church of God Nos scimus sayth the Bishop of Spalato quia 1. Cor. 11. contentioneâ— faciendi Ecclesia Dei consâ—etudinem non habit nisi postquam facta est pâ—ne tota temporalis pervenerint ad papatum inquieti theologiae expeâ—â—â— juristae Here also is to be remembred the longsomnesse of Ecclesiasticall suits depending in their Courts Now the Iudge Register Advocaâ—t Proctor are all agreed to prolong suits for their advantage and so as the Prophet sayth they wrap it up Mich. 7. 3. sayth the Defender of the last petition Where he doth also insinuate that suits have been prolonged aboue two yeares in their consistories Wee have seene what civill causes and after what manner they are handled Criminall causes are brought in judgement either by accusation when there is one to accuse or by denunciation as when the Churchwardens make their presentments into ther courts twice in the year and at the visitations or by inquisition when the judge of office doth inquire into offences What are the offences and crimes punishable in Ecclesiasticall Courts and what are these which they chiefly search out and punish we have declared in the table of Visitation CHAP. 5. Of Archdeacons Chancellors Commissaries Officials and Vicars generall NOW followeth the jurisdiction exercised by the Bishops Deputies and Archdeacons whereunto I will premit the rest of Sir Francis Bacon now Lord Chauncellour his censure For the second poynt which is the deputation of their authoritie I see no perfect and sure ground for that neither being somwhat different from the examples and rules of government The Bishop exerciseth his jurisdiction by his Chauncellor and Commissary Officialls c. We see in all lawes of the world officer of skill and confidence cannot be put over or exercised by Deputie except it bee specially contained in the Originall granted and in that case it is dutifull There was never any Judge in any court made a Deputie The Bishop is a Iudge and of a high nature Whence commeth it that he should depute considering that all trust and confidence as was sayd as personall and inherent and cannot and ought not to bee transposed Surely in this againe Ab initio non fuit ita But it is probable that Bishops when they gaue themselves too much to the glory of the world and became Grandoes in kingdoms and great Counsellors to Princes then did they delegate their proper iurisdictions as things of too inferiour nature for their greatnesse and then after the similitude of kings and Count Palatines they would have their Chauncellors and Iudges But that example of Kings and Potentates giveth no good defence For the reasons why kings administer by their Judges althoâ—gh themselves are the supreame Iudges are two The one because the offices of Kings are for the most part inheritance and it is a rule in all lawes that offices of inheritance are rather matters that sound is interest then in confidence forasmuch as they may fall upon women upon infants upon lunatickes and Idiots persons not able to exercise Iudicature in person and therefore such offices by all lawes might ever bee administred by delegation The second reason is because of the amplitude of their iurisdiction which is as great as either their birthright from their Aunâ—estours or their sword-right from God maketh them And therefore Moses that was governour over no great people and those collected together in a campe and not scattered in Provinces and Cities himselfâ— lâ—kewise of an extraordinarie spirit was neverthelesse not able to suffice and hold out in person to iudge the people but did by the advice of Ieâ—hro his father in law approved from God substitute Elders and Iudges how much more other Kings and Pâ—inces There is a 3 reason likwise not much from the present purpose and that is that Kings either in respect of the common-wealth or of the greatnesse of their own patrimonies are usually parties in suits and then their Iudges stand indifferent betweene them and the subiect But in the case of Bishop none of these reasons hold For first the office is Eâ—ective and for life and not patrimoniall or hereditarie An office worthy of science confidence and qualification And for the second reason it is true their jurisdiction is ample and spacious and that their time is to bee divided between their labours as well in the word and doctrine as government and iurisdiction But I doe not see supposing the Courts to be used uncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Bishop might very well for causes of moment supply his iudiciall function in his owne person For wee see before our eyes that one Chauncellour of England dispatcheth the suits in equitie of the whole kingdome which is not by reason of the excellencie of that rare honourable person who now holdeth that place but it was ever so though more or lesse burthenous to the suiter as the Chauncellour was more or lesse able to give dispatch and if heed bee taken to that which was sayd before that the Bishops labour in the word must take up a principall part of his time so I may say againe that matter of state have ever taken up most of the Chauncellours time having been for the most part persons upon whom the Kings of this Realme have most relied for matters of Counsell And therfore there is no doubt but the Bishop whose circuit is lesse ample and the causes in nature not so multiplying where the helpe of references Certificates to and from fit persons for the better ripening of causes in their neere proceedings and such ordinary helps incident to jurisdiction may very well suffice his office Yet there is another helpe for the causes that come before him are those tithes legacies administrations and other testamentarie causes causes Matrimoniall accusations against Ministers tending to their suspension deprivation or degrading Symonie incontinencie heresie breach of Sabboth and other like causes of scandall The first two of these differ in mine opinion from the rest that is tithes and testaments for those be matters of profit and in their nature temporall though by favour and connivencie of the temporall jurisdiction they have beene allowed and permitted to the Court Ecclesiasticall
The one to the end the Clergie might sue for that that was their sustentation before their own Iudges and the other is a kinde of pietie and religion which was thought incident to the performance of dead mens wills And surely for these two the Bishop in mine opinion may with lesse danger discharge himselfe upon his ordinarie Judges And I thinke likewise it will fall out that those suits are in the greatest number But for the rest which require a spirituall science and discretion in respect of their nature or of the scandall it were reason in mine opinion that there were no audience given but by the Bishop himselfe he being assisted as was touched before But it were necessarie also he were attended by his Chauncellour or some other his officers being learned in the civill lawes for his better instructions in poynts of formalitie or the courses of the Court which if it were done then were there lesse use of the officiall Court whereof there is now so much complaint And causes of the nature aforesayd being drawn to the audience of the Bishop would represse frivolous suits and have a grave and incorrupt proceeding to such causes as shall bee fit for the Court. There is a third forme also not of jurisdiction but of forme of proceeding which may deserve reformation the rather because it is contrary to the lawes and customes of this land and state which though they doe not rule this proceeding yet may they be advised with for better directions and that is the oath ex officio wherein men are forced to accuse themselves and that is more are sworne unto blankes and not unto accusations and charges declared By the lawes of England no man is bound to accuse himselfe In the highest causes of treason torture is used for discoverie and not for evidence In capitall matters no delinquents answer upon oath is required no not permitted In criminall matters not capitall handled in the Starre-chamber and in causes of conscience handled in the Chauncerie for the most part grounded upon trust and secresie the oath of the partie is required But how where there is an accusation and an accuser which we call bills of complaint from which the complaint cannot varie and out of compasse of the which the defendant may not be examined exhibited into the court and by processe certified unto the defendant But to examine a man upon oath out of the insinuation of fame and out of accusations secret or undeclared though it have some countenance from the civil law yet it is so opposite ex Diametro to the sence of the common law as it may well receiue some limitation This wise Polititian maketh this overture supposing that the Bishops ample and spatious circuite will not be contracted and that these causes which in their owne nature are temporall wlll not be drawne from the ecclesiasticall Courts For such a reformation is not nor may not be 〈◊〉 at in these dayes at least Polititians will not hazard their places and hopes in seeking of it leâ—t Caesar â—tart But their is a day coming for the Antichrist and them also What we have spoken before against medling with civill causes their large Diocie and excluding the Presbyterie from the coÌ„mon governement here not mâ—lled with I need not to repeat Alwayes the reader may take up very solide reasons against the deputation of their authoritie The ordinary Iudges who under the Prince execute judiciall administration in name of others are the Bishops deputies to wit the Vicar generall for the universitie of causes belonging to voluntarie jurisdiction 2. The officiall principall for the universitie of causes belonging to contentious jurisdiction 3. The Commâ—ssary for certainâ— causes within a certaine part of the Diocie The persons having judiciall admininistration not brought in by any law have it eyther by Royall composition or privilege or prescription of time By prescription of time as 1. some in exempt jurisdictions 2. Archdeacons whose office constitute by law is to enquire in the repairing and covering of Kirks their implements in ecclesiasticall enormities to be punished to refer to the ordinary matters or greater moment to induct into benefices 2. jurisdiction as they haue it by prescription It is â—xerced eâ—ther by themselves or by their Officials 〈◊〉 Byshop hath a two fold power one of order another of jurisdiction The power of order he committeth to his Suffragane Bishop as ordaining of ministers and Deacons Bishoping of children dedication of Churches and church yards etc. Their jurisdiction is eyther voluntary or contentious The voluntary he coÌ„mitteth when he is absent to his Vicar generall the contentious he commiteth to his Chauncelour and Comâ—â—ssarie The Vicar generall then in absence of the Bishop may visite the Diocie or any part thereof give certificates into the Kings Courts of bastardie and of excommunicates commit administrations give licence to eate flesh upon forbidden dayes doe all that may be done by the Bishops voluntarie jurisdiction whereof we haue entreated already D. Field sayth that Bishops had Vicars generall that might doe all things almost that perteyne to the Bishops iurisdiction And Lindwood sayth that they might not onely enquire into but also punish and correct offences The other deputies of the Bishop may be also called his Vicars yet are they designed 〈◊〉 distinct name because they haue a distinct office to wit the Chancelour and the Commissarie The Chauncelour is the Bishops principall officiall deputed for his principall Consistorie The Commissarie is the Bishops officiall also but in some remote part onely or some places exempted from the Archdeacon and he is called in the Canon law Officialis foraneus id est extraneus sayth Canisius This distinction betwixt the Chauncellour and Commissarie is made cleare in Cowells interpreter as followeth Officialis in the Canon law is especially taken for him to whom any Bishop doth generally commit the charge of his spirituall iurisdiction And in this sence one in every Diocie is Officialis principalis whom the statutes and lawes of this kingdome call Chancellour Anno 32. Henr. 8. c. 15. the rest if there be more are by the Canon law called Officiales foranei gloss in Clement 2. de rescriptis but with us termed Commissaires Commissarij as in the statute of Henr. 8. sometimes Commissarij foranei The difference of these two poynts you may read in Lindwood tit de sequestra c. 1. But this word Officiall in our statutes and common law signifieth him whom the Archdeacon substituteth in the executing of his iurisdiction as appeareth by the statute above mentioned and many others places Againe Commissarius is a title of Ecclesiasticall jurisdiction at least so farre as his commission permitteth him in places of the Diocie so farre distant from the chiefe citie as the Chauncellour cannot call the subiects to the Bishops principall Consistorie without their too great molestation This Commissarie is of the Canonists termed Commissarius or Officialis foraneus Lindw
unlawfull or bestowed upon the wrong person The constitutions anent both persons and possessions c. There is a controversie among the Lawiers what Canons and Constitutions of the Canon Law be in force among them Some of best judgement thinke it to be altogether abrogate except so much as is particularly ratified by Statute They themselves doe hold that all the former canons of the canon law all the constitutions and decrees nationall or provinciall which were in use before in the Ecclesiasticall Courts which are not repugnant to the Statutes and municipall lawes of the Realme or to the late constitutions established by publiqu authoritie nor prejudiciall to the Kings prerogatiue and privileges make up the Ecclesisticall lawes of England and accordingly put the same in practise There Canon law the popes Testament then is there principall Law booke THinke not good Reader that I have made a perfect Discoverie of the English Church-policie for that requireth the skill and paines of the most judicious and painfull among themselves Therefore take in good part that little which I have in great hast gathered for thy information and consider how dangerous it is to yeeld to a few of their Popish corruptions Some few will draw on the rest and the whole will make way for full Poperie to re-enter in the owne time which approacheth very neere in outward appearance unlesse the Lord prevent Hee that persevereth to the end shall get the Crown BIshop Spotswood hath spread a rumeur that M David Calderwood is turned Brounist but I assure thee good Reader it is not true That old impudent â—yar hath together with his supposed Authour a yong man trimmed up a tale with many circumstances to make the mis-report the more credible But if ever he required by letter the judgement either of that supposed Authour or of any other man else anent their opinions then let him never be reputed for an honest man hereafter If hee had douâ—ted he would not have sought resolution from yong schollers and unsetled braines The ground being false all the rest of the circumstonces builded upon it are knovish forgeries also If either Spotswood or his supposed Authour persist 〈◊〉 their caluninie after this declaration I shall try if there be any bloud in their foreheads FINIS The Table Sander de Schism Anglic lib. â— p. 227. Rastall Bishops 9. Fâ—x p. 1405 1406. Pag. 680. Pag. 381. Pag. 70. Rastall â—irst fruits 6. Confess fidei â— 35. Pag. 249. P. 27 28. â— 28. P. â— De polit c. â— Lib. 3. c. â—â— num 1. Hist. 1. 3. c. â—â— T. C. 2. Reply p. 644. Can. â—â— Camd. Brit. p. 181. Sess. 34. c. 3. D. â— reform Down def â— 2. c. 6 p. 112. 113. Whitgift p. 440. Camd. Brâ— 181. Abstract 237. â—md Brit. 181. P. 3. â—stal Rom. 2. Reply â— part p. 97. Pag. 227. â— Reply 2. part p. 178. 179. P. 178. Cap. 3. v. 1â— P. 59. 597. Pelit Anno 1603. Can. 46. 2 Repl. 1. part p. 355. â—astal residence 2. P. 10. 1. Reply p 46. P. 71. Can. 41. P. 132. Camd. Brit p. 181. cap. 2. Act. 1â— Act. 21. Of the chur 1. 5. c. 28. p. 142. 143. De clericis cap. 8. â— 5. P. 143. P. 142. Defens 1. 3. p. 150. 1. Reply p. 97. P. 274. 275. P. 102. P. 6. Of the chur 5. c. 27. â—ontra Luâ—eranos 〈◊〉 Psal. 26. â—n aqui tom 〈◊〉 disput 36. â—ct 1. Camd. Briâ— 170. P. 49. De Polit. p. 318. Deâ—ep eccl 1. 5. c. 9. nu 38. 39. De polit p. 316. Of the chur l. 1. c. â—5 5. c. 9. nu 2. 23. 24. Assertion 〈◊〉 â—hurch 〈◊〉 p 41 9. â— Discover 241. p. 182. P. 328. l 5. poenis cap. euenit Of the Ch. â—5 c. 27. P. 61 P. 8. Assertion of â—rist Poli. â—ag 187. Mucket 325. 326. De vitâ— honest 〈◊〉 corum â— 1 S à crapule verb vigilanâ—er Volum 2. Dâ—â—repudijs Divortjs p. 3â—5 De testamen◠〈◊〉 cap. â—em verb. extorqueant P. 105. 106 â—â—art 1. p. â— P. 99. L. 1. de consuetud 〈◊〉 statutum P. 113. Assert of Christ. poli p. 73. 74. Lib. 3. cap. 8. num 13. P. 219. De sequestâ— c 1. veodo Vicarios l. 5. p. 153. 〈◊〉 juris â—anonici 92. Lib. 5. p. 15. â—anisius in 〈◊〉 pag. â—1 92. sucket p. â—4 Id Evag. â—â—st 85. Reply p. â— Lib. 5. p. 15 153. Canon 101. â—etition to â—be Queene 70. P. 175. P. 387. 388. Anno 1584. P. 392. Can. 12â— 2 Reply 2. part pag. 96 P. 17. P. 50. P. 58. P. 213 Cap. 9. pag. 339. Bleyni introduct p. 422. Se Damasus Decretal 2. Reply 1. part p. 525. Ad Evaâ—â— L. 5. p. 158. Can. 35. 6â— L. 2. cap. 9. nâ—m 15. Pueket p. 24. De iudicijs cap. Quidam 1. 5. p. 150. De Constiâ—utionth cap Quiâ—â— verb â—â—pitulis Pag. 15. â—ialog l. 4. 26. Reply pa. 3. 164. 165. 〈◊〉 2. quest 〈◊〉 art 2. â—â—g 4. 〈◊〉 336. Lib. 5. p. 15â— Pag. 151. Pag. â—0 De Clerici cap. 16. Instit. lib. â—â— cap. 5. Seâ—â— Can. 33. Pag. â— Pag. 15. Pag. 309 â—â—stract p. Reply 1. â—rt p. 298. 2 Reply 1 part p. 133. p. 110. Abstract p. 83. p. 236. 237. p. 238. 2. Reply 1. part p. 537. 148. P. 245. Assertion p. 258. 259. Assertion p. 259. P. 252. P. 5. P. 52. C. 1 Repl. 104. â—dm p. 47. â—â— 93. lm p. 14. P. 65 〈◊〉 â—0 66. Discov p. 8â— Disco p. 82. De cultu â—anctor c. 15. Discov p 84. â—an 31. T â— 1. Repl p. 108. Abridgâ— p. 35. Survey of the B. of coÌ„mon prayer p. 47. 1. Repl. pag. 105. Disc. p. 131. p. 105. â— part p. 187. Survey of â—he B. of 〈◊〉 prayâ—â—â—â— Disc. pag. 6 P. 6â— Assertion the true â— Christian pol. pag. ◠〈…〉 Rituale Râ— manum p. 174. 175. P. 147. 〈…〉 P. 62. P. 149. â—isc p. 127. 128. 1. Reply p. 16â— Pag. 16â— lib. 4. sent ist 7. Can. 3â— 1. Part. p. 34. L. 5. c. 65. Can. 57. â— 72. P. 81. P. 344. Can. 24. P. 5â— P. 37. Mucket p. 299.